Motion for Preliminary Order of Forfeiture — United States v. Sherrie Lynne Bryant (D. Md., Dkt. 39)

Summary

United States' Motion for Preliminary Order of Forfeiture, filed January 12, 2023 as Document 39, Case 8:22-cr-00308-DLB, United States v. Sherrie Lynne Bryant, District of Maryland. It states that an Information filed August 30, 2022 charged wire fraud (Count One) and that the Defendant pled guilty on October 27, 2022. It states that a Stipulation of Facts says that from March 2020 to July 2021 the Defendant obtained at least $419,100.00 in fraudulent EIDL and PPP loans. It seeks a forfeiture money judgment of $419,100.00 and forfeiture of funds of approximately $1,945.84 and $51,441.81 in two Capital One accounts in the name of NOW LLC. The motion is signed /s/ Kelly O. Hayes, Assistant United States Attorney.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Motion for Preliminary Order of Forfeiture — United States v. Sherrie Lynne Bryant (D. Md., Dkt. 39).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-md-no-8-22-cr-00308-dkt-39-d-md-dcfbf073c6/, SHA-256 4c6cb908e079934ca16a6d45854bd8237247422e8463d6bb668614c5af5d4fe9.

Full text

Case 8:22-cr-00308-DLB Document 39 Filed 01/12/23 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA *
*
v. * CRIMINAL NO. DLB-22-308
*
SHERRIE LYNNE BRYANT, *
*
Defendant *
*
*******

UNITED STATES’ MOTION FOR PRELIMINARY ORDER OF FORFEITURE

The United States of America, by its undersigned attorneys, respectfully moves this Court

for the issuance of a Preliminary Order of Forfeiture in the above-captioned case pursuant to

18 U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853(p), 28 U.S.C. § 2461(c), and Rule 32.2(b) of the

Federal Rules of Criminal Procedure. A proposed Preliminary Order of Forfeiture is submitted

herewith. In support thereof, the United States sets forth the following:

1. On August 30, 2022, the United States of America filed an Information, charging

Sherrie Lynne Bryant (the “Defendant”) with wire fraud, in violation of 18 U.S.C. § 1343 (Count

One). ECF No. 29.

2. The Information also included a forfeiture allegation which provided notice that

the United States intended to seek forfeiture, pursuant to 18 U.S.C. § 981(a)(1)(C), 21 U.S.C.

§ 853(p), and 28 U.S.C. § 2461(c), upon conviction of the Defendant of the offense alleged in

Count One of the Information.

3. On October 27, 2022, the Defendant pled guilty to the offense alleged in Count

One of the Information. ECF. No. 34. As part of her guilty plea, the Defendant agreed to entry

of an order of forfeiture to include a forfeiture money judgment in the amount of at least

$419,100 in U.S. currency equal to the total fraudulent loan proceeds obtained by the Defendant
Case 8:22-cr-00308-DLB Document 39 Filed 01/12/23 Page 2 of 5

as a result of the scheme to defraud. Id. ¶ 17. In support of her guilty plea, the Defendant

executed a Stipulation of Facts in which she admitted that from March 2020 to July 2021 she

obtained at least $419,100.00 in fraudulent EIDL and PPP loans as a result of her scheme to

defraud and misappropriated a portion of the proceeds for person use. ECF 34-1.

4. The Defendant further agreed that due to her acts or omissions, the full amount of

the proceeds she obtained as a result of the conspiracy are not currently available to the

Government, and therefore one or more of the conditions of 21 U.S.C. § 853(p) have been met

and the Government is entitled to the forfeiture of substitute assets. ECF No. 34, ¶ 17

5. In partial satisfaction of the forfeiture money judgment, the Defendant agreed to

forfeit up all funds remaining as of March 25, 2022 in two Capital One bank accounts as

proceeds derived from or obtained by the Defendant as result of the scheme to defraud or as

substitute assets:

a. approximately $1,945.84 in Capital One Bank account ending in 8072
held in the name of NOW LLC; and

b. approximately $51,441.81 in Capital One bank account ending in 2613
held in the name of NOW LLC

(collectively, the “Subject Property”). Id.

6. Pursuant to 18 U.S.C. § 981(a)(1)(C), 21 U.S.C. § 853(p), 28 U.S.C. § 2461(c),

and Rule 32.2(b)(2) of the Federal Rules of Criminal Procedure, the United States is now entitled

to a forfeiture money judgment in the amount of $419,100.00 in U.S. currency against the

Defendant and the forfeiture of the Defendant’s right, title and interest in the Subject Property.

7. Upon the issuance of a Preliminary Order of Forfeiture and pursuant to 21 U.S.C.

§ 853(n)(1) and Rule 32.2(b)(6)(C) of the Federal Rules of Criminal Procedure, the United States

shall publish, for thirty (30) consecutive calendar days on the government forfeiture website

www.forfeiture.gov, notice of the Preliminary Order of Forfeiture, notice of the United States’

2
Case 8:22-cr-00308-DLB Document 39 Filed 01/12/23 Page 3 of 5

intent to dispose of the Subject Property, and notice that any person, other than the Defendant,

having or claiming a legal interest in the Subject Property must file a petition with the Court

within sixty (60) days after the first day of publication on the government forfeiture website or

within thirty (30) days after receipt of actual notice, whichever is earlier.

8. This notice shall state that the petition shall be for a hearing to adjudicate the

validity of the petitioner’s alleged interest in the Subject Property, shall be signed by the

petitioner under penalty of perjury, and shall set forth the nature and extent of the petitioner’s

right, title, or interest in the forfeited Subject Property and any additional facts supporting the

petitioner’s claim and the relief sought.

9. The United States may also, to the extent practicable, provide direct written notice

to any person known to have alleged an interest in the Subject Property that is the subject of the

Preliminary Order of Forfeiture as a substitute for published notice as to those persons so

notified.

10. Further, the United States may move at any time, pursuant to Rule 32.2(e)(1)(B)

of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(p), to forfeit any property of the

Defendant up to the value of the forfeiture money judgment included in the Preliminary Order of

Forfeiture. Upon issuance of any order forfeiting specific property, the United States will

publish notice in accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6) of the Federal Rules

of Criminal Procedure.

11. The United States also seeks authority to conduct any discovery that might be

necessary to identify, locate, or dispose of forfeited property, pursuant to Rule 32.2(b)(3) and

(c)(1)(B) of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(m).

3
Case 8:22-cr-00308-DLB Document 39 Filed 01/12/23 Page 4 of 5

WHEREFORE, the United States requests that this Court:

(a) enter the Preliminary Order of Forfeiture in the form submitted herewith;

(b) include the forfeiture, as set forth in the Preliminary Order of Forfeiture, in the

oral pronouncement of the Defendant’s sentence;

(d) incorporate the Preliminary Order of Forfeiture in the criminal judgment entered

against the Defendant, pursuant to Federal Rule of Criminal Procedure 32.2(b)(4).

Respectfully submitted,

Erek L. Barron
United States Attorney

By: /s/
Kelly O. Hayes
Assistant United States Attorney

4
Case 8:22-cr-00308-DLB Document 39 Filed 01/12/23 Page 5 of 5

CERTIFICATE OF SERVICE

I hereby certify that the foregoing Motion for Preliminary Order of Forfeiture, as well as
the proposed Preliminary Order of Forfeiture, were filed through the Electronic Case Filing
system and will be sent electronically to the registered participants as identified on the Notice of
Electronic Filing.

/s/
Kelly O. Hayes
Assistant United States Attorney

File and source

File: 39.pdf
Size: 152,413 bytes
SHA-256: 4c6cb908e079934ca16a6d45854bd8237247422e8463d6bb668614c5af5d4fe9
Our copy: 39.pdf
Original: No public link identified.